Laws of Limitation

Yes, Limitation Act will apply see Part V- SUITS RELATING TO IMMOVABLE PROPERTY: Aricle 64 and 65 of  of the Indian Limitation act of 1963,  and limitation perios id 12 years.

Thank you  for the prompt reply.

Dear Madam,

In your case you have simply mentioned that you are the owner of the flat, which was purchased by your father.  You have not menitoned how you have derived the property from your father. Whether your father is living are demised not mentioned.  If you have acquired the property by will bequethed in your name by your father, then you are the absolute owner of your father's flat and nobody can question.  If your father died intestate, then all the surviving legal heirs will automatically become joint owners of your father's property and they deserve share in the property.  In your case law of limitation does not arise.

TQ

M.Kupparaju

Advocate

I was the nominee and the society transferred the flat to me as per the nomination registered by my  deceased father  in 1979.

Also was the society wrong in transferring the flat to me as per the nomination registered and was it mandatory for the society to inform the siblings about the transfer to the registered nominee?

I was the nominee and the society transferred the flat to me as per the nomination registered by my  deceased father  in 1979.

Ans. A Nominee plays a role of a trustee and cannot be the true owner/beneficiary.

Also was the society wrong in transferring the flat to me as per the nomination registered and was it mandatory for the society to inform the siblings about the transfer to the registered nominee?

Ans. I donot want to delve on this point since it involves lots of legal technicalities.

I concur with the reply of Mr Kupparaju

I would also like to know if i can continue to stay in my father's flat  as I have been doing since the past 50 years and as an owner since the past 30 years (as I was the nominee) or will I have to sell the flat and share the proceeds with my siblings. Can my sisters force me to sell the flat.  I have no other place to live.

You have been in your father's flat for the last 50 years and as owner for the last 30 years right? If so, when did the siblings started agitating with your ownership? after 30 years?

Yes, they have started asking for their share since the past 2 years and sent a letter to me and the Society to this effect  sometime in 2008.

You holds the property as nominee, you are not the owner, if society has mutate ownership in your favour, its wrong, it can be challenged in court by other co-sharers. Limitation period does not apply to inherit the property, it applies on adverse possession. Your possessionis not adverse you are enjoying the property as a co-sharer, other co-sharer can claim the possession of the property, in which they have share without application of limitation period.

I wish to know if i can continue to live in my flat and do my siblings have a right to orce me sell the flat and pay them.   I have no objection to them living with me.

You can live in that flat, Your siblings can not force you to sell the flat but they can sell their share to any one it may be you or anyother person.

When  I am living in the flat how can they sell their share,  I mean the flat to any other person ?

To. Monica :

1.  You can stay in that flat, as long as you wish and your siblings have no locus standi to get you vacated and sell off the flat.   You and your siblings are the legal heir to your fathers property.

2.  IF your siblings have to stake claim on their share of the fathers immovable property,  then they have to file for "Letter of Administration" (LA)   from the competent court,  after which they may stake claim on their part of the property, BUT UNDER NO CIRCUMSTANCES BEFORE THAT.

3.  There is no such thing as  "default claim" on immovable properties of a deceased.  Neither they can sell their share of the property to anyone,  UNLESS the above court decree is acquired  and their is a settlement deed that may be filed during the proceedings of the LA.

4.  IF the flat is transferred in your favour by the society, by virtue of the Nomination Form executed by your father,  THEN ultimately,  as Nominee/Trustee,  you should be ready to give part possession of the flat or appropriate money ratio of the flat's  market value to your siblings,  BUT all this only after the siblings have initiated the Court proceedings for all this.

5.  As far as possession of the flat by virtue of yours fathers nomination,  there is no Limitation Act applicable.  You can hold the property endlessly and your siblings are entitled to PART PORTION of the property as mentioned in point no. 2, above.

6.   The society is under no legal obligation to inform anybody and / or contest its members nomination form.  The society has done its duty rightfully, under the MCS Act,  and the society cannot be faulted on this and neither your siblings are entitled to direct or restrain the society for anything whatsoever,  BUT they can do so via the above court procedures only.

Keep Smiling .... Hemant Agarwal

Dear Mr Agarwal

Thank you very much for your valuable feedback. The inputs are certainly very helpful.